The media is reported to have sourced classified documents relating to Rafale deal. The central government claimed that as per Section 22 of the Indian Evidence Act, it was inappropriate to consider those leaked documents as any evidence. The center further contested that the documents were further protected under Section8(1)(a) Right to Information Act and also the official Secrets Act.
PTI reports that, the Supreme Court has dismissed the government's preliminary objections claiming "privilege" over the same.
It is also observed that Sections 22 and 24 of Right to Information Act, were in favour of the consideration.
Section 22 of the Indian Evidence Act
When oral admissions as to contents of documents are relwvant.
- Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.
Section 8(1)(a) Right to Information Act
(1) Notwithstanding anything contained in this Act, there shall be no obligation to
give any citizen,—
give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
Section 22 Right to Information Act
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act 1923 and any other law for the time being in force or in any instrument having effect by the virtue of any law other than this Act.
Section 24 Right to Information Act
24. (1)Nothing contained in this Act shall apply to the intelligence and security
organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
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